42 U.S.C. § 1502 — Initiation and development of projects; ju-

Page 4820 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1502 1 See References in Text note below. Stat. 641. Act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1, en- acted ‘‘Title 10, Armed Forces’’, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of Army and Air Force under administrative supervision of Sec- retary of the Army and Secretary of the Air Force, re- spectively. SHORT TITLE OF 1951 AMENDMENT Act Sept. 1, 1951, ch. 378, § 1, 65 Stat. 293, provided: ‘‘That this Act [enacting sections 1507, 1589a, 1589b, and 1591 to 1593e of this title, sections 1701g–1 to 1701g–3, 1701i–1, 1715g, 1715h, 1716a, 1748g–1, 1750, 1750a, and 1750b to 1750g of Title 12, Banks and Banking, and former sec- tion 2136 of the former Appendix to Title 50, War and National Defense, amended sections 1584 and 1585 of this title, sections 371, 1430, 1701g, 1701j, 1702, 1706, 1710, 1713, 1715c, 1715d, 1715f, 1716, 1743, 1747a, 1747f, and 1747l, 1748b of Title 12, and former section 2135 of the former Appendix to Title 50, and enacted provisions set out as notes under section 1591 of this title and section 1748b of Title 12] may be cited as the ‘Defense Housing and Community Facilities and Services Act’.’’ SHORT TITLE Act Oct. 14, 1940, ch. 862, 54 Stat. 1125, which is classi- fied to subchapters II to VII of this chapter, is popu- larly known as the ‘‘Lanham Public War Housing Act’’. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Housing Administration and Housing and Home Finance Agency (of which Public Housing Administration was a constituent agency) and of heads thereof transferred to Secretary of Housing and Urban Development by Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a) of this title. Section 9(c) of such act, set out as a note under section 3531 of this title, provided that references to Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean Secretary of Housing and Urban Development and that Housing and Home Finance Agency and Public Housing Admin- istration have lapsed. Executive Documents TRANSFER OF FUNCTIONS United States Housing Authority consolidated into Housing and Home Finance Agency by Reorg. Plan No. 3 of 1947, § 1, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organi- zation and Employees, and name of Authority changed to Public Housing Administration by section 4(a) of such Plan. Section 9 of Reorg. Plan No. 3 of 1947 abol- ished office of Administrator of United States Housing Authority, whose functions were transferred by section 4 of such Plan to Public Housing Commissioner. § 1502. Initiation and development of projects; ju- risdiction; acquisition of property; fees of ar- chitects, engineers, etc. (a) Projects may be initiated under this sub- chapter by the Department of the Navy or Army or the Air Force to provide dwellings on or near naval or military reservations, posts or bases for rental to the officers, enlisted men and employ- ees of the Departments of the Navy, Army, and Air Force described in section 1501 of this title. Such projects shall be developed by the Depart- ment of the Navy or Army or the Air Force or by the Secretary of Housing and Urban Develop- ment, whichever the President determines is better suited to the fulfillment of the purposes of this subchapter with respect to any particular project. If the development of such project is to be undertaken by the Department of the Navy or Army or Air Force, the Secretary of Housing and Urban Development is authorized to aid the development of the project by furnishing tech- nical assistance and by transferring to such De- partment the funds necessary for the develop- ment of the project. Any project developed for the purpose of this section shall be leased to the Department of the Navy or Army or Air Force by the Secretary of Housing and Urban Develop- ment (who shall have title to such project until repayment of the cost thereof to the Secretary of Housing and Urban Development as pre- scribed in such lease) upon such terms as shall be prescribed in the lease, which may be the same terms as are authorized by the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], with respect to leases to public housing agencies. All the provisions of said Act which apply to the development of projects by the Sec- retary of Housing and Urban Development shall (insofar as applicable and not inconsistent here- with) apply to the development of projects by the Department of the Navy or Army or Air Force. Notwithstanding other provisions of this or any other law, the Department leasing a project shall have the same jurisdiction over such project as it has over the reservation, post or base in connection with which the project is developed. (b) The Department of the Navy or Army or Air Force, in connection with any project devel- oped or leased by it, and the Secretary of Hous- ing and Urban Development, in connection with any project developed or assisted by him, for the purposes of this subchapter, may acquire real or personal property or any interest therein by purchase, eminent domain, gift, lease or other- wise. The provisions of sections 3111 and 3112 of title 40 shall not apply to the acquisition of any real property by the Department of the Navy or Army or Air Force or by the Secretary of Hous- ing and Urban Development for the purposes of this subchapter or to the project developed thereon, and the provisions of section 1302 of title 40, shall not apply to any lease of any project developed for the purposes of this sub- chapter or of any dwelling therein. Condemna- tion proceedings instituted by the Secretary of Housing and Urban Development shall be in the Secretary’s own name and the practice and pro- cedure governing such proceedings by the United States shall be followed, and the Sec- retary of Housing and Urban Development shall likewise be entitled to proceed in accordance with the provisions of sections 3114 to 3116 and 3118 of title 40 and an Act of Congress approved March 1, 1929 (45 Stat. 1415).1 If the Secretary of Housing and Urban Development acquires land in connection with a project to be assisted for the purposes of this subchapter, the Secretary may convey such land to the public housing agency involved for a consideration equal to the Page 4821 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1504 1 So in original. Reference should probably be to entire ‘‘United States Housing Act of 1937’’ because such Act is not divided into titles. See section 1437 et seq. of this title. cost of the land to the Secretary of Housing and Urban Development. The Departments of the Navy, Army, and Air Force and the Secretary of Housing and Urban Development may negotiate, contract and fix such fees as they determine are reasonable for the services of architects, engi- neers, surveyors, appraisers, title examiners and real estate negotiators in connection with spe- cific projects developed by them under this sub- chapter. The Secretaries of Navy, Army, and Air Force are authorized to make available to the Secretary of Housing and Urban Development any land that is needed for a project to be devel- oped by the Secretary of Housing and Urban De- velopment and leased to the Department of the Navy or Army or Air Force and to execute such leases, agreements and other instruments with the Secretary of Housing and Urban Develop- ment as may be necessary to carry out the pur- poses of this subchapter. (June 28, 1940, ch. 440, title II, § 202, 54 Stat. 682; Oct. 26, 1942, ch. 626, § 1(b), 56 Stat. 988; July 26, 1947, ch. 343, title II, §§ 205(a), 207(a), (f), 61 Stat. 501–503; 1947 Reorg. Plan No. 3, § 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 955; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937 and said Act, referred to in subsec. (a), are act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Act of Congress approved March 1, 1929, referred to in subsec. (b), is act Mar. 1, 1929, ch. 416, 45 Stat. 1415, which was classified to chapter 7 (§ 361 et seq.) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 88–241, § 21(b), Dec. 23, 1963, 77 Stat. 627. CODIFICATION In subsec. (b), ‘‘sections 3111 and 3112 of title 40’’ sub- stituted for ‘‘section 355 of the Revised Statutes’’, ‘‘sec- tion 1302 of title 40’’ substituted for ‘‘section 321 of the Act of June 30, 1932 (U.S.C. 1934 edition, title 40, sec. 303b)’’, and ‘‘sections 3114 to 3116 and 3118 of title 40’’ substituted for ‘‘the Act of Congress approved February 26, 1931 (46 Stat. 1421)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1942—Subsec. (a). Act Oct. 26, 1942, inserted ‘‘offi- cers,’’ after ‘‘rental to the’’ in first sentence. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of the Air Force inserted to conform to act July 26, 1947, ch. 343, title II, § 207(a), (f), 61 Stat. 502, 503, and Secretary of Defense Transfer Order No. 40 [App. A(75)], July 22, 1949. Department of War des- ignated Department of the Army and title of Secretary of War changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501. Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1, enacted ‘‘Title 10, Armed Forces’’, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1501 of this title. § 1502a. Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569 Section, act July 15, 1955, ch. 368, title V, § 509, 69 Stat. 351, related to acquisition of housing units for military personnel and dependents. See section 2678 of Title 10, Armed Forces. § 1503. Development of projects by Secretary; fi- nancial assistance to public housing agencies In any localities where the President deter- mines that there is an acute shortage of housing which impedes the national defense program and that the necessary housing would not otherwise be provided when needed for persons engaged in national defense activities, the Secretary of Housing and Urban Development may undertake the development and administration of projects to assure the availability of dwellings in such localities for such persons and their families, or the Secretary of Housing and Urban Develop- ment may extend financial assistance of public housing agencies for the development and ad- ministration of such projects. Such financial as- sistance to public housing agencies shall be ex- tended (except as otherwise provided herein and not inconsistent herewith) under the provisions of, and in the same manner and forms as pro- vided in, title I 1 of the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], with respect to other housing projects. (June 28, 1940, ch. 440, title II, § 203, 54 Stat. 683; 1947 Reorg. Plan No. 3, § 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 955; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1501 of this title. § 1504. Rental rates; exemption from limitations of United States Housing Act of 1937 Any contract made for financial assistance under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], may be revised so as to provide that the project involved will be assisted for any of the purposes of this sub-